served the State of Oregon as an ALJ (Administrative Law Judge) for more than 28
years. As an arbitrator or mediator, he has resolved over 1000 disputed
construction claims, including numerous six-figure and multi-party cases. As an
ALJ, he has entered orders in more than 600 additional claim cases, after
conducting a contested case (administrative) hearing. Mr. Marcus' cases have
included both commercial and residential construction claims, brought by
homeowners, commercial and government property owners, subcontractors,
employees, and material/equipment suppliers, and have involved all of the
following issues: excavation, erosion, irrigation and drainage; concrete,
masonry and paving; water supply systems, septic and waste disposal systems;
plumbing, electrical and HVAC, including radiant heat, solar and other passive
systems; siding (including stucco), roofing (wood, asphalt, tile, metal) and
painting; and, hazardous materials, including lead paint, asbestos, and mold.
Mr. Marcus has
also handled a significant number of cases involving real estate sales and
financing contracts for new and existing homes and businesses.
Recent cases (2014) have included: a dispute between seller and buyer over
refund of six-figure earnest money in a failed sale of a $1,000,000 property;
and, a dispute over a national residential contractor’s unilateral change to
specifications during construction of an upper end new home.
In addition, Mr. Marcus currently serves (since 2013) as a
the Oregon Foreclosure Avoidance Program, assisting defaulting owners and their
lenders to resolve the default with an agreed upon foreclosure avoidance
EDUCATION and ADR TRAINING
Cincinnati (BA, History and Literature, magna cum laude).
Mindful Resolution, Oregon Mediation Association Annual Conference, 2014;
Developments in Arbitration Law: Disclosure, Vacatur, Sanctions, and
Arbitrator Authority, AAA Webinar, 2014;
Large, Complex Construction Disputes: The Dynamics of Multi Party Mediation,
AAA Webinar, 2014;
Advanced Construction Law, Oregon State Bar Construction Law Section, 2014;
AAA Construction Professionals’ Guide to Conducting a AAA Arbitration, 2013;
Oregon Foreclosure Avoidance Mediation Program, Collins Center for Public
Policy, the Oregon Mediation Association, and Oregon Department of Justice
(24 hours), June 2012;
Current Issues and Updates in Construction Law, Oregon State Bar
Construction Law Section, 2011;
Mediator Training, 2010
Interest-Based Problem Solving, Oregon State Conciliation Service, 2010
Issues, Oregon State Bar (OSB) Government Law Section, 2010
Construction Law, The Seminar Group, 2009 & 2008
Law 101 & 301, OSB Construction Law Section, 2009
Dispute Resolution Conference, Willamette University, 2009
Law Legislative Update, OSB & Assoc. General Contractors, 2007
Mediation Advocacy, Intl. Academy of Mediators & OSB, 2007
an Arbitration Panel, 12/06
Mediation Association Annual Conference, 11/06
Construction Claims Task Force and You, OSB Construction Law Section,
Defects: Water Intrusion & Other Calamities, The Seminar Group, Portland,
Ethics, University of Oregon School of Law, Eugene, 2/06;
Ethics & Disclosure, AAA Seattle Office, 8/05;
Arbitration in Oregon, Oregon Law Institute, Portland, 5/05;
Mediation Skills Training (40 hrs.), Confluence Center for Mediation and
Training (Mary Forst Associates), 2/05;
Construction Arbitrator II Training, Atlanta, 10/04;
Modern Arbitration, University of Oregon School of Law, Portland, 05/04;
Arbitration in Oregon, Oregon Law Institute, Portland, 4/04;
Arbitrator I Training-Fundamentals of the Arbitration Process, Los Angeles,
in Construction Claims, Carl R. Neil, Attorney & Arbitrator, Salem, Oregon,
Skills Workshop, Bridgewaters Inc., Salem, Oregon, 12/00;
Skills Training, Neutral Solutions Inc., Salem, Oregon, 6/98;
Training for Professional and Community Mediators, University of Oregon
School of Law, May 1997; Certificate of Completion (32 hrs.)
Dispute Resolution Services Roster of Dispute Resolution Specialists.
Arbitration Association (AAA) National Roster of Neutrals, Commercial
Arbitration Panel, Mediation Panel.
member of OSB Administrative Law Section, Construction Law Sections, and ADR
Circuit Court Civil Mediation Panel.
Mediation Association (OMA).
Association of Administrative Law Judges (NAALJ)-- active member 1997-2012;
past member of Board of Directors, 2002-2004; Education Committee Chair,
2003-2005; and ADR Committee Chair (1999-2001).
Association of Administrative Law Judges (OAALJ), active member through
served multiple terms on Board of Directors including three terms as
President; Planning Chair for 2002 and 2004 conferences, co-sponsored with
Willamette University College of Law; 2007 recipient of the Bruce Black
Award, in recognition of career contributions to the advancement of
administrative law in Oregon.
Mediation Association (OMA), current active member.
Lessons Learned, Oregon Foreclosure Avoidance Program Facilitator
Bar Construction Law Section CLE, December 2004, 2006, 2008 and 2010;
Provisions in Oregon Administrative Law, guest lecturer, Willamette
University College of Law Administrative Law Class, October 2003;
Administrative ADR: Models, Challenges & Responses for ALJs, NAALJ Annual
Meeting & Conference, Orlando, FL, October 2003. Co-presenter with Lynda
Moser, Georgia Office of Administrative Hearings, and Robert Jones,
Director, Florida Conflict Resolution Consortium;
Methods of Dispute Resolution, One Size Might Not Fit All, NAALJ Annual
Meeting & Conference, Lexington, KY, October 2002;
Training and Mock Mediation, NAALJ Annual Meeting & Conference, Austin, TX,